State v. Stannard

Callow, J. —

This case involves the right of a person suspected of driving while under the influence of intoxicating liquor to have a second Breathalyzer test performed at the suspect's request contemporaneously with the one performed at the request of the arresting officer. The defendants assert that such a right is guaranteed either by RCW 46.20.308(2) and 46.61.506 or by article 1, section 22 of the Washington State Constitution. We hold that the right to a second Breathalyzer test is neither statutorily or constitutionally guaranteed.

John Appel was arrested for driving while under the…